HBA-DMD, RAR C.S.H.B. 707 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 707 By: Tillery Public Safety 4/23/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, Section 548.605, Transportation Code, does not clarify the meaning of the term "working day." In addition, current law authorizes a court to dismiss a charge pertaining to driving with an expired license, provided that the driver has met certain conditions and authorizes the court to assess an administrative fee not to exceed $10 when the charge of driving with an expired inspection certificate has been remedied. C.S.H.B. 707 defines "working day" and requires a court to dismiss a charge of driving with an expired inspection certificate provided that the defendant obtains a new inspection certificate within 10 working days and the inspection certificate has not been expired for more than 60 days. This bill also requires a court to assess an administrative fee not to exceed $10 when the charge of driving with an expired inspection certificate has been remedied. It authorizes the court to dismiss a charge of driving with an expired inspection certificate that has been expired for more than 60 days. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 548.605, Transportation Code, as follows: Sec. 548.605. DISMISSAL OF CHARGE; ADMINISTRATIVE FEE. (a) Defines "working day" as any day other than a Saturday, a Sunday, or a holiday on which county offices are closed. (b) Requires, rather than authorizes, a court to dismiss a charge of driving with an expired inspection certificate if the inspection certificate has not been expired for more than 60 days. Makes conforming changes. (c) Authorizes the court to dismiss a charge of driving with an expired inspection certificate that has been expired for more than 60 days, notwithstanding Subsection (b). SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE This substitute differs from the original bill in SECTION 1 (Section 548.605, Transportation Code), by adding an inspection certificate that has not been expired for more than 60 days, as a condition to the requirement that the court dismiss a charge of driving with an expired inspection certificate. This substitute adds proposed Subsection (c), which authorizes the court to dismiss a charge of driving with an expired inspection certificate that has been expired for more than 60 days, notwithstanding the provision requiring the court to dismiss a charge of driving with an inspection certificate that has been expired for less than 60 days, if the inspection certificate has been expired for more than 60 days. This substitute also makes conforming changes.